When an automobile insurance policy is not properly issued, it can result in insufficient or absent coverage following a car accident and legal battles as to whose negligence caused the inadequate coverage. Under Florida law, until recently, defendants could be held joint and severally liable for any negligent harm caused to the plaintiff, which means one defendant could have to pay the entire amount of a judgment awarded. In 2006, however, the Florida legislature passed a comparative fault statute that eliminated joint and several liability in negligence cases.
In a recent case involving the negligent failure to provide automobile insurance coverage ,a Florida court held that the comparative negligence statute should be applied retroactively, requiring all parties to bear responsibility for a percentage of the damages. If you were involved in a South Florida car accident, it is essential to retain an attorney knowledgeable about recent changes in the law and how those changes affect your case.
Facts Regarding the Applicable Insurance Policy
Reportedly, the plaintiff’s brother owned two similarly named companies: one in Florida and one in the Bahamas. The plaintiff and his brother sought insurance for the Bahamian company, but the insurer issued coverage for the Florida company. The plaintiff, who worked for his brother’s Bahamian company, was subsequently injured in a car accident in the Bahamas, and sought coverage for the accident. The insurer denied coverage, on the grounds the Bahamian company was not covered by a policy of insurance.